Calcutta High CourtCRM (A)/2726/2023allowed

Bidyut Dey@Bidyut De And ANR v. State Of West Bengal

2023-07-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray2 pages

12.07.2023 (D/L 26) Ct. No.29 Allowed (SKB) CRM (A) 2726 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kharagpur (Local) P.S. Case No.794 of 2022 dated 01.10.2022 under Sections 447/323/306/34 of the Indian Penal Code.

In the matter of : Bidyut Dey @ Bidyut De and another ... Petitioners Mr. Amit Ranjan Pati ... for the petitioners Mr. Anowar Hossain, Ms. Ratna Ghosh ... for the State

1. Heard the learned Counsel for the parties. Charge-sheet is stated to be filed.

2. The mother-in-law of the principal accused had committed suicide. Son of the deceased has filed this complaint against his wife, the present petitioner and others. Present petitioner no.1 is stated to be the maternal uncle of the wife of the informant and present petitioner no.2 is stated to be the neighbour of the petitioner no.1. So far as petitioner no.2 is concerned, there is allegation to the effect that in course of 'salis' meeting between the husband (informant) and the wife (principal accused), present petitioner no.2 rebuked the victim (deceased) in filthy language.

3. However, charge-sheet has already been filed. There is no requirement of custodial interrogation of petitioner no.2

Dipak Kumar Dey @ Dipa De @ Dipak De @ Dipu Dey. The matter be best left to the wisdom of the trial court at the time of trial.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners and completion of investigation, it is directed that each of the petitioners shall appear before the learned CJM, Paschim Medinipur in the G.R. Case arising out of Kharagpur (Local) Police Station Case No.794 of 2022 within 15 days from today. In the event of their appearance and application for bail, each of themselves shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 2726 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)